Common Rights
"Common right" is right which pertains to citizen by the
common law."
Million v. Metropolitan Casualty Insurance Co., 172 N. E. 569.
"Common right" comes down as a term of art from the ancient
common law, and refers to the rights that are afforded by the
common law."
Coral Gables v. Christopher, 189 A. 147, 150, 109 A.L.R. 474.
"Kent says: "Corporations or bodies politic are the most usual franchises known in our law." 3 Kent Comm. 459. It is true that the privileges so granted by the government do not pertain to the citizens of the state by common right. But what is the "common right" here referred to? Is it not [common right is] a right which pertains to the citizens by the common law, the investiture of which is not to be looked for in any special law whether established by the Constitution or an act of the Legislature? Coke says: "De commun adroit--of common right--that is, by the common law, because the common law is the best and most common birthright that the subject hath for the safeguard and defense not only of his goods, lands, and revenues, but of his wife and children. * * *
This common law of England is sometimes called 'right', sometimes
`common right', and sometimes `communis justitia'."
Spring Valley Waterworks v. Schottler, 62 C. 69. (Emphasis added.)
CONSTITUTIONAL RIGHT. A [common] right guaranteed to the
citizens by the Constitution and so guaranteed as to prevent
legislative interference therewith. Delaney v. Plunkett, 146 Ga.
547, 91 S. E. 561, L. R. A. 1917D 926, Ann. Cas. 1917E 685."
Black's Law Dictionary, supra, p. 385. (Insertion added.)
Unalienable Rights
"[Unalienable rights] are enumerated rights that individuals,
acting in their own behalf, cannot disregard or destroy."
McCullough v. Brown, 19 S. E. 458, 480, 23 L.R.A. 410.
Constitutional Law - Rights to property
"Constitution of this state declares, among inalienable rights
of each citizen, that of acquiring, possessing and protecting
property. This is one of primary objects of government, is
guaranteed by constitution, and cannot be impaired by legislation."
Billings v. Hall (1857), 7 C. 1.
"Right of protecting property, declared inalienable by
constitution, is not mere right to protect it by individual force,
but right to protect it by law of land, and force of body politic."
Billings v. Hall (1857), 7 C. 1.
"Right of transit through each state, with every species of
property known to constitution of United States, and recognized by
that paramount law, is secured by that instrument to each citizen,
and does not depend upon uncertain and changeable ground of mere
comity."
In Re Archy (1858), 9 C. 47.
"Traveling is passing from place to place--act of performing
journey; and traveler is person who travels."
In Re Archy (1858), 9 C. 47.
"Right to possess and protect property is not more clearly
protected by constitution, than right to acquire it. Right to
acquire is right to use prpoer means to attain end; and use of such
means, cannot be prohibited by legislature, except peace and safety
of state require it."
In Re Newman (1858), 9 C. 502.
"Governmental power only extends to restraining each one in
freedom of his conduct so as to secure perfect protection to all
others from every species of danger to person, health, and
property; that each individual shall be required to use his own as
not to inflict injury upon his neighbors; and these seem to be all
immunities which can be justly claimed by one portion of of society
from another, under government of constitutional limitation."
In Re Newman (1858), 9 C. 502.
"As general rule men have natural right to do anything which
their inclinations may suggest, if it be not evil in itself, and in
no way impairs the rights of others."
In Re Newman (1858), 9 C. 502.
"To say that one may not defend his own property is usurpation
of power by legislature."
O'Connell v. Judnich (1925), 71 C.A.386, 235 P. 664.
"Owner has constitutional right to use and enjoyment of his
property."
Simpson v. Los Angeles (1935), 4 C.2d 60, 47 P.2d 474.
"Right of property antedates all constitutions. Every person
has right to enjoy his property and improve it according to his own
desires in any way consistent with rights of others."
People v. Holder (1921), 53 C.A. 45, 199 P. 832.
"Right of property is invaded if owner is not at liberty to
contract with others respecting manner in which and terms on which
his property shall be improved."
People v. Holder (1921), 53 C.A. 45, 199 P. 832.
"Police power may not be invoked under guise of general
welfare to interfere with sale by individual of his own property
when acquiring and possession of such property is not contrary to
law."
People v. Pace (1925), 73 C.A. 548, 559, 238 P. 1089.
"Wherever right to own property is recognized in free
government, practically all other rights become worthless if
government possesses uncontrollable power over property of
citizen."
House v. Los Angeles County Flood Control District (1944), 25 C.2d 384, 153 P.2d 950.
"Constitutional guarantee securing to every person right of
acquiring, possessing, and protecting property refers to right to
possess absolutely and unqualifiedly every species of property
recognized by law and all rights incidental thereto, including
right to dispose of such property in such manner as he pleases."
People v. Davenport (1937), 21 C.A. 292, 69 P.2d 396.
"Constitutional right of acquiring and possessing property
includes right to dispose of such property in such innocent manner
as owner pleases and to sell it for such price as he can obtain."
People v. Davenport (1937), 21 C.A. 292, 69 P.2d 396.
"Clause in constitution guaranteeing right of acquiring
property does not deprive legislature of power of prescribing mode
of acquisition, or of regulating conduct and relations of members
of society in respect to property rights."
In Re Andrews (1861), 18 C. 678; In Re Schrader (1867), 33 C. 279.